NOTICE OF RESCHEDULED TRUSTEE’S SALE
The undersigned Successor Trustee, by virtue of the authority vested in him by that certain Deed of Trust executed by KERRY J. WEBB, dated May 19, 2019 of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Book 5069, page 4981, said Deed of Trust being presently in default, the said Successor Trustee having been named in that certain Deed of Appointment of Successor dated the 30th day of September, 2022 of record in said Clerk’s Office at Book 5077 Page 8944, to replace Gavin Ward and the said Successor Trustee having been requested by the beneficiary
thereof so to do, NOW, THEREFORE, I, JAMES R. SHEATSLEY, one of the Successor Trustees as aforesaid, will proceed to sell the hereafter described real estate at public auction on the 15th day of March, 2023, at the hour of 9:00 a.m., to the highest bidder for cash in hand at the front door of the Courthouse of Raleigh County, West Virginia, which real estate is located in the City of Beckley, Raleigh County, West Virginia, and is more particularly described as follows:
BEGINNING at a set stone on the eastern line of R.L. Frazier’s 6,477 Acre Tract #181; thence with the line of same N. 13 06′ E. 446.93 feet to a set stone, said stone being a corner to R.L. Frazier and L. McNulty Tract #177; thence with McNulty N. 13 11′ E. 519. 96 feet to a set stone in the southern right of way line of W. Va. Secondary Route 18/3 (Local Service); thence with said right of way line, which is fifteen feet from centerline of said road, as follows: S. 58 35′ E. 96.49 feet, S. 67 28′ E. 215.29 feet, N. 87 17′ 30″ E. 55.65 feet, N.67 38′ E. 42.13 feet, N. 55 30′ E. 206.35 feet, N. 75 28′ E. 187.35 feet, S. 88 10′ 30″ E. 192.26 feet; S. 80 10′ E. 384.67 feet, N. 89 27′ E. 190.30 feet, N. 80 53′ E. 110.77 feet, S. 89 41′ E. 131.68 feet to a set stone on the line of Cleveland Phipps; thence leaving said road and with Phipps line, S. 6 20′ W. 36.55 feet to a set stone between an 18 inch gum tree marked as corner, and a chestnut stump (gum and chestnut called for); thence continuing with Phipps line S. 24 47′ E. 1710.74 feet to a set stone between a 30 inch white oak tree and a 26 inch white oak snag, both marked as corner (two white oaks called for); thence leaving Phipps and with the lines of L. Fink and C. Shelor, crossing W. Va. Secondary (Local Service) Route 54/ 1 at 770 feet, S. 12 22′ W. 1005.00 feet to a 48″ mine roof bolt with a 4 inch square iron plate on top on the south side of Crab Orchard Creek; thence leaving Shelor and with the H. Fink tract as follows: N. 75 26′ W. 293.00 feet to a 48 inch mine roof bolt, as described above, set in center of Crab Orchard Creek; thence S. 13 18′ W. 777.17 feet to a set stone; thence S. 81 46′ E. 289.11 feet to a set stone; thence S. 12 27′ W. 379.36 feet to an iron rail set between a 36 inch white oak tree and a 20 inch gum snag, both marked as corner (white oak and gum called for) on lands of R. Daniel, formerly owned by Beaver Coal Company; thence with line of said land N. 74 16′ W. 1075.57 feet to a set stone west of a Cannady, Counts and V. Gunter, crossing W. Va. Secondary Route (Local Service) 54/ 1 at 985 feet, N. 11 14′ E. 2203.60 feet to a set stone on the west side of a branch; thence with lines of V. Gunter and C. Wills N. 80 10′ W. 1607.09 feet to the point of beginning, containing 106.36 acres,
more or less, after deducting 1. 10 acres for a 40 foot right of way on W. Va. Secondary Route 54/ 1 which passes through the above tract of land, all of which is shown on a map or plat there of attached to and made a part of a deed from The Crab Orchard Coal and Land Company, a corporation, to Robert L. Frazier, et al, dated October 11, 1973, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 534, at Page 163.
Further, there is EXCEPTED and RESERVED from this conveyance, that part of the above described property containing 41.680 acres, more or less, which was conveyed by Robert L. Frazier and Henrietta Frazier, his wife, to James R. Frazier and Norma G. Frazier, his wife, by deed dated the 2nd day of July, 1986, of record in the aforesaid Clerk’s Office, in Deed Book 712, at Page 243, and reference is made to said deed for a more particular description of the property excepted and reserved from this conveyance.
Further, there is EXCEPTED and RESERVED from this conveyance, that part of the above-described property containing 39.680 acres, more or less, which was conveyed by James R. Frazier and Norma G. Frazier, his wife, to Robert L. Frazier and Henrietta Frazier, his wife, by deed dated July 2, 1986, of record in the aforesaid Clerk’s Office, in Deed Book 712, at Page 409, and
reference is made to said deed for a more particular description of the property excepted and reserved from this conveyance.
There is further EXCEPTED and RESERVED from this conveyance, the following out-conveyances:
1. Deed dated December 13, 2011 to George T. Coker, III and Patricia Coker, from Whittaker, LLC, being described as Lot 1 Twin Oaks Subdivision, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5044 at Page 4509, and reference is made to said deed for a more particular description of the property excepted and reserved from this conveyance.
2. Deed dated April 13, 2011 to Brendhan Wood and Jill Wood, from Whittaker, LLC, being described as Lot 2 Twin Oaks Subdivision, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5043 at Page 10, and reference is made to said deed for a more particular description of the property excepted and reserved from this conveyance.
3. Deed dated October 13, 2011 to Timothy Brown and Suzann Brown, from Whittaker, LLC, being described as Lot 5 Twin Oaks Subdivision, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5044 at Page 7919, and reference is made to said deed for a more particular description of the property excepted and reserved from this conveyance.
4. Deed dated October 21, 2011 to Jason S. Spicer, from Whittaker, LLC, being described as Lot 4 Twin Oaks Subdivision, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5044 at Page 8077, and reference is made to said deed for a more particular description of the property excepted and reserved from this conveyance.
5. Deed dated February 18, 2011 to Harriet R. Duran, from Whittaker, LLC, being described as Lot 3 Twin Oaks Subdivision, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5042 at Page 3736, and reference is made to said deed for a more particular description of the property excepted and reserved from this conveyance.
6. Deed dated October 5, 2011 to Roger D. Salmon and Tamra L. Salmon, from Whittaker, LLC, being described as Lot 8 Twin Oaks Subdivision, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5044 at Page 7750, and reference is made to said deed for a more particular description of the property excepted and reserved from this conveyance.
7. Deed dated March 19, 2012 to Sandra J. Yost and B. Lance Yost, from Whittaker, LLC, being described as Lot 7 Twin Oaks Subdivision, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5046 at Page 9808, and reference is made to said deed for a more particular description of the property excepted and reserved from this conveyance.
8. Deed dated October 17, 2017 to Jerry McKinney and Jennifer McKinney from MAKU, LLC, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5066 at Page 3209, and reference is made to said deed for a more particular description of the property excepted and reserved from this conveyance.
9. Deed dated January 3, 2019 to Darlene Weis from MAKU, LLC, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5069 at Page 0304, and reference is made to said deed for a more particular description of the property excepted and reserved from this conveyance.
THIS SALE IS MADE subject to such easements, rights of way, restrictive covenants, reservations and agreements as are contained and set forth in prior deeds of conveyance pertaining to said real estate.
SAID SALE SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS:
1) 10% cash in hand on day of sale with remainder due within 30 days.
2) Subject to any and all mineral rights and reservations, stipulations, restrictions, reservations, easements, conditions and covenants appearing of record in the aforesaid Clerk’s Office except any pertaining to race, color or creed.
3) Subject to all real estate taxes against said property and any taxes which constitute a lien upon the said property but which are not yet due and payable.
4) The subject property will be sold in AS IS condition. The trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
5) The property will be conveyed by the undersigned Trustee to the purchaser without warranty of any kind, expressed or implied.
6) The aforesaid sale may be adjourned from time to time as the undersigned Trustee deems advisable, which adjournment may be made by oral proclamation at the time and place of the sale or any adjournment thereof.
GIVEN under my hand this 24th day of February, 2023.
James R. Sheatsley, WV Bar N
Gorman, Sheatsley
Company, L.C.
Post Office Box 5518
Beckley, West Virginia 25801
(304)252-5321
Prepared By:
James R. Sheatsley, WV
Bar No. 3359
Gorman, Sheatsley &
Company, L.C.
Post Office Box 5518
Beckley, West Virginia 25801
(304)252-5321